The Sun. — London, England, 1818-12-09 00:00:00

LAW INTELLIGENCE. `TICE-CHANCELLOR'S COURT, Dec. S. CURIVEN V. EIDSFORTII. Mr. riam,p, in this case, movetl to disstilve an Injunction which had been obtained, to restrain 'the defendant from proceeding to 'recover a sum of 40001. which had been advanced by him to the plaiutiff, under the following circumstances The present plaintiff having an estate called Rose Ilill for sale, the defendant applied by letter, dated 14th 'January, 1814, to him, offering to become the purchaser, and was referred to a Mr. Mitton, -the agent of John •Christopher Corwen. In the following month, The defendant applied to Mr. Barton. who stated the value of the estate to to be 10.0701. After some negociatiotr, however,: I-c agreed to take 9,5001., which sum was to be paid on the 13th February, 'lBl5, %%ben the estate, and the proper titles, were to be trans ferred to the present defendant. Subsequently, but before the fulfilment of the aureement, the r hi,oitr being in temporary want of rash, aptdied to him fur art advance of 40001. which was ac c,tdingly made, the present plaintiff and his agent, Mr. Barton, haeiog given their joint bond t r the re•pavmelit, which was to.hecome pay'•+- I on the same day that the purchase of the pto rerty was to be cat tied 'into effect. The defen dant hiving, as he alleged, discovered that the n1..611611 could not make out a good and sufficient title to the estate in question, refused to complete tis purchase, alma accordingly commenced pro ceedings against the plaiotiff for the recovery of the 40001. he 'had advanced. Applicatiou was then maee to the Coin t of Charlet ry, acid on the hearing of the case, 311 111 . 01106011 teas directed to issue, restraining the defendant from proceed ing wilt the action be had ..ointnenctd; the Present application ;vas therefore Millie to SUIVC Mr. HEALD, ID support of the motion, con._ tended at some length. Ile argued that the sum. question vas only advanced on the supposition that it was to form part at the money to be paid for the estate in question, and that his client could not at the time he so advanced the 40001. have entertained any other idea titan that a good title could hay.ebeen made. Mr. l'Estavaros, %yid) much ability, argued in support of continuing the Injunction. Mr. HEALD having replied, '1 he VICE-CHANCELLOR said the question that would atise in this case was, could a Court of Equity receive the statements that had been made by the respective parties ? His Honour harticu larly adverted to the circumstance of so long a period having been suffered to elapse without an objection having been taken to the title ; and under all the circumstances of the case, lie telt himself hound to dismiss the motion, which lie -accordingly did. THE LOAD CUANCELLOR'S MOTIONS. Mr. licm.—"Allow me to mention to yonr Honour, that the Second Seal trill be On Thurs day, for the purpose of knowing whether you will take the Lord Chancellor's motions oh that day, or Friday, witb your own motions ?" The KICE-CHANCHLI.OI{-`‘ I will take them on Friday, but I cannot hear any motions for his Lordship, of which notice haS not been given for Thursday (the Second Seal), because it will en able me to sit on Friday for tile Lord Chancellor, which will give me the potscr of hearing any mo tions, of whatever importance they may be ; and I shall also have the authority, as sitting for his Lordship, to alier any former order of his,Lord ship, or his Honour the Master of the Itolls, if it should be necessary." • COURT OF KING'S BENCH, Disc. B. T 1•1 KING V. RICIIAIIDS This was an indictment for a piddle nuisance. The defendant was a manufacturer of volatile salts, residing - on Bromley Common, and the nui sance now complained of was the stench aris ing from the Wolits, which, the Learned Coon-. eel said, was so offensive and injurious as to affect even vegetation in its neighbourhood, which was destroyed and put a stop to by its operation. The de'endant was not ignorant of the ill effects aris ing from h a works—lie had already been obliged to remove twice—once in consequence of an in dictment, and once in consequence of a threatened indictment. Mr. GURNEY called several witnesses to prove the nuisance. 'the smell caused many of them to feel violent bead-aches, oppression at the heart, and weakness of sight. Mr. Wat,Fotto, for the defendant, submitted the present would be a question for the Jury. Many manufactories were nuisances, which were absolutely necessary for the production of the comforts of life. The article which the; Cendant manufactured was one of importance, and aware that some inconvenience might attend the process, he had selected a situation where the inconve nience might be the least perceptible. Ile called witnesses, *wltO stated their opinion that there was nothing offensive or injurious in the manu factory of volatile salts. The defendant having closed his case, Mr.Gllll - was about to reply. The July said they were fully satisfied of the existence of the nuisance, and found a verdict of Guilty against the defendant. The CHIEF JUSTICR observed the verdict was a most correct one. No person was justified in bringing an offensive nuisance into a neighbour hood, because other nuisances might previously have existe;l there. Was it likely the effluvia from the boiling of large quantities'of gas liquor would be less offensive ? WHITE V. WHEATSTONE. This was an action to recover from the de fendant, a music•seller in the Strand, a compen sation i;► damages, for having pirated two. coun try dances, composed by the plaintiff, Mr.Witite, of Bath, called " Lady Caroline Morrison," and Rob Roy." • George White, the brother of the plaintiff, and John White, his father, proved that the plaintiff composed the two dances in question, one in 1817, the other it► February last ; that they were fa vourite dances i , n Bath, and that the plaintiff had so:d of the first 4,000, of the second 800. The publication &f the alleged piracies by the &tea ant, in August last, was also proved. Sir G. Smart, Mr. Whitaker, the composer, and some other eminent musical Men were called, who stated their opinion, that the plaintiff's produc tion was at original-composition. Mr..GU RNEY, for the defendant, contended that these dances were not compositions, brit mere combinations made up of bars from other tunes. Air. Veile, Mr. Louis Jansen, Mr. Wilson, and some others, gave it as their opinion, that the dances in question were not compositions, but mere combinations of old tunes. The CHIRF JusTicri summed up tothe,Jury, and observed, that although t - o his regret he must ac knowledge himself wholly ignorant of the science of music, yet in law he would tell them, that in his opinion, any person taking a number of different bars in music, although every one might pre viously 'be found in other compositions, amid giv ing them a new combination, legally obtained a property in them, to which the law would give protection. Tbe Jury found for the plaintiff—Damages 5/. costs 40s. COURT OF COMMON PLEAS, Drc. S. .S'itiings after 'Term, before Chief Justice D.31.1.„%.3 and a Special .lury. • CRIM. CON. CLITFIRROR V. PETP:RS. . - Mr. CHITTY stated, that_iu this case-Colonel 1, John Clitheroe was plaintiff, and John Peters, Esq. defendant. The declaration charged the de feud-ant with holding, on the 21st of September, 1817, ainl on other days, criminal conversation with the plaintiff's wife.—The defendant pleaded Not Gritty. It was, in other terms, an action t 9 recover a compeasation in damages for an adulterous inter course with the wife of the plaintiff.—The damages were specially laid at 10,0001. Mr. Serjeaot VavotraN represented this to be one of the most aggravated cases he had ever stated during his professional life. The plaintiff had been rubbed of a wife by whom he was most tenderly beloved, and whom he loved with equal tenderness, under treachery, hypocrisy, and breach of friend ship. Ile was persuaded the Jury would consider it. a case which required heavy damages.—The plaintiff was Captain Clitheroe, of the Third Regi ment of Foot Guards, and a Lieutenant-Colonel iu the Army.' He was one of those brave men to whom the country was some!) indebted during the late war. From 1809 down to the present time hiS lite had been honourably. devoted to the ser vice of his country. Ile was a Gentleman of ancient and honourable family. 1 . 11 1809 be married the Lady %I/hose conduct was the subject of this action. Lie was long acquainted with her be fore marriage. She was 'an accomplished young woman, 22 or 23 years of age, and the eldest daughter of General Burton, a man of good fur tune, and a General in the Army. The plaintiff, early in life, was Aid-de-Camp to Gen. Burton, who saw that he -deserved notice and attenti t ons He paid his addresses to die General's daughter, and was received by the family. In 1809 the mar riage took place. it promised complete happiness to the parties, and the tenderest attachment pre vailed. The Colonel was 2:5, and the young Lady 22. In the Spring following 1809, lie was called to his military duties, and went with the Expedition to \Valcheren. tie returned at the end of the year, and went to Spain, where he re-. 'pained some time. lie was wounded at the bat tle of Fuentes Ilonores, and returned to this coun try. The most ardent affection subsisted , at that time between the Colonel and his wife. Called again by, duty, he went once more to Spain, and was wounded at Burgos. Being severely wound ed, lie did. not rejoin the army till the end of ISIS, when the Dike of Wellington was pro ceeding to Paris. After the Treaty of Paris, in October, 1815, he sent for his wife, who came to bins : and the fatigues of war having ceased, they enjoyed happiness together. She went with him to the South of France, and .at Toms their ac quaintance with the defendant commenced. The defendant was the eldest son of Mr. Peteis, the banker, a man of large fortune and ,of the highest respectability. This young man had been himself married to a woman to whom he was tenderly attached ; but hail had the misfortune to lose her. In January, 1816, he went to France for the purpose of dissipatiOg his melancholy, and at the house of a friend, iii the South of France, was introduced to the plaintiff, about Feln nary in the same year : this was one month after his loss. He was received by the plaintiff with kindness and hospitality. The Colonel, while at Tours, had his only child with him, a boy seven years of age; and the Jury would feel that he could have no sospicibn of having his marriage bed violated while his wife had a child seven years old almost invariably by her side. The intimacy which sub sisted induced theta to travel together They went to Marseilles, Toulon, Svc itzerland, and Geneva. Having made the tour of Switzerland on a footing of trieudship, they returned to Dover at the end of the year. Mr. l'etels then heard of the &earl' of Isis mother, and Colonel Clitheroe invited hint to go to the house of his mother. The defendant accordingly %vent to the Colonel's mother's house, and soon after Col. Clitheroe removed to Bexhill Barracks, avh(4e he had command of the mill-, ary depot. Mrs. Clitheroe remained with her mother and went to Worthing, a circumstance which gave the defendant all opportunity of ruining her happiness with the plaintiff. In the Spring of ISI7, the Colonel took his wife with him to Bexhill, atsd it was remarkable that the defendant never visited Mrs. Clitheroe at Bexhill its his own name. Ile was received by Mrs. Cli theroe with welcome in the absence of her hus band, who never suspected his confidence had been abused after be left his wite with his mothers It would be difficult to fix the exact time the adul terous intercourse commenced, but the Learned Serieant observed, that was not a material cir cumstance for consideration, as the Lady had eloped and was then living with the defendant in France. Ile should prove, bowCver, that on the s t h, th e Gth, a nd 7th of July, 1817, when the friendship and intimacy was supposed to be sub sisting, the defendant disguised his name to accomplish or carry on the adulterous. inter course. On the sth of July, the Colonel waa compelled by military duty to proceed to Wiud sir. The defendant, ille mor . :, - ;ug ti.e after the Colonel's departure, ‘vent down to Bex hill, and told . the servants lie had a letter for Mrs. Clitheroe from Mr. Peters, which he must deliver himself. In consequence of this, he was received by her i•n the parlour, under circumstances which,, proved the criminaliq of her conduct. She had previously told the servants to put clean linen on the bed in her chamber, to gather flowers in the garden to adorn the bed-room, and to go to bed themselves at ten o'clock. She sent also for the cook, and gave directiona fur a din ner ; she was told not to come lip to inter rupt her, as she should have a Gentleman with her. All these valets would prove that the adul terous intercourse was pre-concerted by the par ties, The defendant came between five and six in the evening, and was received in the parlour which led-into the bed-room ; he remained there until two o'clock in the morning, and not one of the servants saw him go away. In the morning he went to the Ton to dre , ss, and returned to (lin net ; he remained there the second day in the same manner. On the third day he went at nine o'clock at night. • It would not be difficult to in fer that 111 e act of. adultery was committed during the three days, but the subsequent conduct of the parties made that q'testion of less cousequence.-e- The person of the defendant was known to the servants at Bexhill by a black patch on his cheek, and he Wai some time after identified in France by the same mat k. Upon the day when he avail ed himself of the absence of the plaintiff, and was received by Mrs. Clitheroe, he should prove that Mrs. Clitheroe said to him—.." Sit down, my dear I hope you have had a pleasant journey."—This was the brief outline of the case, and Mr. Ser jean( VationaN contended that it called f,,r ex emplary damages. IVm. Allen produced the Register of the Mar riage of the plaintiff and his wife, at St. George's, Hanover-square, in February 1809. Miss Sophia Clitheroe, sister to the plaintiff, proved that her brother and Mrs. Clitheroe lived happily from the time of their marriage to the elopetnent. She corroborated the statement of Mr. Sedeant Vaughan respecting her brother's set vice in the army. Mr. Ayres said he was •acquainted with the ; plaintiff in the early part of 1816. They came to him at Tours. The defendant was introduced to them at his house. He considered them theshap piest couple he had ever known. Colonel Mercer had seen the plaintiff in 1815, in Paris, but knew nothing of his intimacy in 1816 with the defendant, . _ Sarah ‘Vebb, a girl 14 yearn of age, the'daughter of Serjeant Webb of the Guards, said, she lived in Colonel Clitberoe's family, as servant to :Nirs. Clitheroe, in July last year, at Bexhill. She re membered the defendant coming to dine, with her mistress about the 4th or sth of July. Her mistress told her, the day before the defendant came, to go to different places and get all the flowers she could to make the ped-room nice. She Ordered her also to put clean bed linen on. The plaintiff's picture was removed from the bed-room, and Mrs. Cli theroe's put up invest!. The witness was ordet ed not to sit to work in the bed-room, as she usually had done, but to go into the kitchen. Mrs. Cli theroe mute an alteration in the bed-roam by putting her night clothes in a silk bag. the wit ness saw the defendant with her mistress in the month of November, in the absence of her master. The' servants consisted of a cook, a groom, a foot man, and herself. Jane Scott, cook to the plaintiff, proved that Mrs. Clitheroe gave her orders to prepare dinner on the day the defendant came. A watch, which hung in the parlour, was removed to the kitchen to prevent the conk going into the parlour to know the time while cookin4 the dinner. The defendant remained in the house after the ser vants were ordered to go to bed. On her exa mination- by the Judge, site said the little girl ‘Vebb made Mrs. Clitheroe's bed. The witness was in the room when the girl made the bed ; she had no means of knowing whether one or two persons had slept in it. James Hillier, servant to the Colonel, remem bered the defendant coining to Bexhill. When he was in the parlour, Mrs. Clitheroe said—" Sit down, my dear : 1 hope you have had a pleasant journey... William Pritchard, another servant, proved t hat the defendant and Mrs. Clitheroe were together at Bexhill in November. They eloped in Decem ber in a postchaise. The plaintiff's child was at school in London. The witness went in August last to Foros, in France, where he found the defendant and Mrs. Clitheroe living together as man and wile. , lie went with a Mr. Thompson, who had a citation from the Ecclesiastical Court to serve on Mrs. Clitheroe. I. Thompson proved that he served the eita. lion on Mrs. Clithetoe, in France, on the 24th of June List. • The .plaintiff's Attorney proved that the de fendant had suffered hilwelf to be outlawed before he gave instructions to his Solicitor to defend this action. 'Mr. Seijeant LENS made an able appeal to the Jury in behalf of the defendant, whom lie tie, scribed to be a very young man, who had been drawn from his duty by a woman many years °leer than himself. It was not, he contended, so bad a case as that stated by his Learned Friend. 'l' he CHIEF .IU9TICit summed up the evidence %‘ith his usual accuracy, and expressed an opi nion that sufficient evidence' of the et imioal con duct of the parties had not been procured ; at the same tittle, he considered it a most aggrava•- ed case. A gallant Officer, who tifforded hospi tality and friendship to the defendant, had 'been basely. betrayed in his absence on duty; his site torn fiont him, unit his child deprived of a mother. There was no extenuation in the ease, unless it could be found in the ages of the parties-the defeudant being some years younger than \Mrs. Clitheroe. He left the Jury to say what da mages ought to be given. The Jury returned a verdict for the plaintiff-- Damages, 3,0001. The coach-house of Sir TuomAs 11 7 u.s'orr, of Stamford -street, Blaekfriars, was broke Opel) 011 Monday night, and plundered of some valuable harnesv, and a coachman's box-coat. OLD 133.11,CY. BANK. FORGERIES. Yee/I'llll Jokiaillianzs, 2I , was put t 066 Bar, cldargegl- with uttering a 11. Note to W illiatil Citaltners,ihsvith intent to defraud the Gov ern° and Company of the Bank of England. Mr. Setjeant BOSANQUET 'stated to the Jn t l i : that it was his citify to inform them that the LW bad declined prosecuting tile prisoner, 'in Ons e t ; quence of the .proceedings which took Pla ce I A a former occesion. Though there was little don, of the note being a lot gery, he would not " e a any evidence in support _of the indictment. ° I ; they would therefore of course acquit the Po' soner Verdict—Not Guilty This is the same young man who was tried firs t on Saturday, and acquitted by the Jury. No other prosecutions will 'take place dur ing the present Sessions. Richard Evans was capitally convicted for stealing, in the dwelling-house of Rob. flanisest five pounds weight of fur, value 40s. and upwar ds ' George Belfour was capitally convicted for stealing two great coats of Thomas Coussensi in his dwelling-house. PERJURY.-At the Middlesex Sessions yesterif day, William Key was inOicted for wilful 9.13( :cot perjury, haviksworn that Mr. Cooke' H young man of respectability, employed 'hil. ll ;assassinate Mr. Sheers, coppersmith, of Fl et# market. The charge against the prisoner beil completely proved, the July returned a v erdict o i Guilty, and he was sentenced to be t ra nsporl e ;, for seven years, and to stand in the pillo r y f ? . i, one hour, between twelve and three 'o'clock, Ili_ Covent-garden.—There was some clapping hands in Court when the sentence was pronounceo Monday night Mr. Henry Mas \ on, re .Bethnal Green, who is in the employ of P16 : . .. 1 Troughton and Son, silk merchants and dyers, '` Me Hackney-road, returning home from the c i P T ; where he had received 181. 17s. 6d. on Pasl'T Bond's:place, a fellow pinioned his arms Pe l " and two others robbed him of the who're sun ) . The following extraordinary circumstanc e o s curred at Stourbridge on Wednesday evening • '.O A young man arrived at the Star public-ho use . - I . Coventry-street, and whilscsitting there, a l ie d; son was reading from the . Papers an !menu° ri • the unexpected discovery of a murder, sod r i c marked that , such things were sure to be broug to light sooner or later—upon which the yo"" i °, , man acknowledged himself a murderer, and 0 ; 1 0 : leased that lie had killed a young woman 0t.,, 1 „ name of Sarah Meadows, at Golding, near f ar mouth, on the 6th of November, 18.17--- -1113 t e, had been wandering about the country ever sin `h.s in a most distressing. state of mind, ar.d tbs be was so wretched that be loped he should snooo relieved by the law - S - of his country. lie taken before the llagistr&es, when he nia"! 4 ( Lull and free confession, and was accortiinilo committed to prison, where he now remains ; (flit , particulars have been sent to Y a r t u ot rth.-- - minghani Herald.) COUItSE OF EXCHANGE, Tut3uaY, Dec. ' jr. ,C. Amstct dam H 9 t Ditto, at Sight 11 10 poll Rotterdam , • '•• 2 cf Antverp i, , , 11 I ADI . VO. 14 • Hamburgli , 34 2. . P • eh A 0 ltima Paris, 3 Day's sight Ditto liumileaux, ditto- 24,40' , ion ef.,, , Fiailhforton the. Main ....., Madrid Cadiz . :.39 --ffectir Bilboa .l 94 '' ievii Gibraltar Barcelona Leghorn • •• * Gcn0a............ , 461-Venice, Ital. Liv 2' 5 0 Malta... .. ht.) -Naples 4'3 ns, l'alcrato 1' 504, e" - Lisbon Oporto - Rio Janeiro • . • ti 5,t I)otblin.... .....9..... C0rk.....9 per Crot. Agit) of the Bank on Holland.... 2 per Cent. - _........e. BIRTII. i' t " ll On the 6th inst. in Dnke-street, Plrtland - pla ce, the of the Rev. J. B. Hollingworth, of a datighter. lED• On the 7th inst. at her brut D her's . house it Chiy-hint o , ' 4 5 ham, In the :isth year of her are, Miss Anne Cutu 3' ' g daughter of the late Bishop 01 . Exeter. en t •L 14 ' Li—! , On the 6th inst. in the 241 h year of his age , . Lio- ' ' Rubinson, of the 43d regiment, and second sou 01 General John Robinson, of Denston Hall, in Sufrolli 1 100 PROVINCIAL BIRTHS, NI ARRIAGES, AND DO II f:TIIS. Ole On Sunday se'nnight, Mrs. Thomas Tindal, of '" )-e BtieLs, uf a daughter , our; Oil the Itith ult. the wife of Robert Lee, of Litt' e l r eop f.anc.tshire, labourer, was safely delivered of two chi' boy and a girl, who with the mother are doing wel l ' of s lit On the following day, the wife of J. tintterwortht iool! same place, labourer, was safely delivered of three' children, who with the mother arc duitig MAURIED. f C - Or iCi 7 Lately, Garret Cotter, Esq. of Caller', countY No lo-* Cat herioe Maria, fifth daughter of tt;e late Plii"9 to E,q of Moy;..tc, 111 saiJ comity. ,-, A tni el i ii "t ol LatelY, Thomas Cow e, Esq. ' of the Excise .eP -r , m, v. Nliss Colima!), (13ugider of Joseplf Cu''lliiao It'; o f: Ballyragget, county I:Mit:nos'. T o nki n, o r At tiw a iner, on Muildav 4e ' onight, ~Ir. HentY e ver . Ito,hain, Cornwall, to Bliss Caroline Tonliitr, chu g Mr. Tonkin, of liwinear. M Ell. ant Suddenly, at Tenhy, on the Ist inst. Mr. MOrg ,I'OT- 1,, master al that place. . miter On the tritli ult. Mr. John Stuart Bremn er ' aor 'Oc Eilinlitirgli. - nor, ti on - Lately, in Capri-street, Dithlin, M. 0. O'C' v ' n- n o l M U Captain ./.o'Uontior, nephew of M. °Top u"rt ' s ' . ' Plvasmit, ; 1:11) . ..,-'s owilty. relia ll iiiii Lately, in Lotidondeirv, Mr. James Beatty, M e ian d,m --, ' Lately, at the Glebe- Iri;use, Cat rick-on-Suit, Ire' tea! lob° second daughter of the 'Rev. S. Grady. il s . hee e Go Thursday setinight, Mr. Thomas C°.' e l' t id 6l : Banbury Pedestii:lll. ' eeetbertvf.of 0 oi4 Tuesday se•tinight, aged 90 years, Mrs. ''' t o l e st l e oft of 11)1! late Mr. David Herbert, Who formerlY 4e p t he nostitlN Arms in Plymouth, :11111 there first intruduced _c' t ) zogii , OR the EFicurraii Quin tliat drliei.ous fish the .I° l°S , for OR '• Wh:Wit lie was so well pleased as tu inv . ent a o ug .......... tailed by Lis ilatlle. .0 11 ''''''''-age ntiht)ti: B. cAttsTAIRs , fis hed ,d i Ornkood-strtet, Onceu-spiare; and p ub " '1" SCRIPPS, of No. 7, S o uth NlUlton-t t o'gt " nt ii Gice, N. 114, .Strculd ; where Adve ltisfnie (yuit-paid) Inuit 64.,,,,ddi.-'clied• (A I\l • r ee p h p< l'e3set, tot ttatua 73 Aci d j;) .14 P da Th e c ~li ( 11„ , l e , Eo r , 0 va l e Ira ' , gen t 2‘4, re. t Le t o me .6 Deco; leh en ea 4 Eacle 7 L g war, t ' P art Per orin ; Ik e& I TFII A* tOlv ho th e 18th tll tn be rh, , %r o t tteee kit h e ad to, ti T o t Wl. 4 11 ti "vi 1)°T1 N tt OU t h :. Cal Z , A rlc r . 44 4 "4, Wr ' tt I h '" tt